Senate
Study
Bill
3102
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
WARNSTADT)
A
BILL
FOR
An
Act
relating
to
certain
coverage
provisions
contained
in
1
uninsured
and
underinsured
motor
vehicle
insurance
coverage.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5549XC
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_____
Section
1.
Section
516A.2,
Code
2009,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
4.
A
policy
to
which
this
chapter
applies
3
shall
not
include
any
type
of
step-down
provision
that
operates
4
to
reduce
uninsured
or
underinsured
motor
vehicle
coverage
for
5
the
reason
that
the
person
is
injured
by,
or
while
occupying
6
a
vehicle
being
operated
by,
a
relative
as
defined
in
section
7
523I.102,
or
household
member
insured
under
the
policy.
This
8
chapter
shall
not
be
construed
to
prohibit
an
insurer
from
9
including
in
the
policy
an
antistacking
provision
based
on
10
multiple
policies
or
multiple
vehicles,
or
both.
If
multiple
11
policies
are
applicable
to
a
vehicle
subject
to
an
antistacking
12
provision,
the
maximum
amount
of
recovery
shall
be
the
single
13
highest
limit
for
that
vehicle
on
any
of
the
applicable
14
policies.
15
NEW
SUBSECTION
.
5.
An
insurer
offering
uninsured
and
16
underinsured
motor
vehicle
coverage
as
part
of
a
coverage
17
proposal
for
motor
vehicle
insurance
shall
make
available
the
18
same
limits
of
coverage
that
the
insurer
offers
for
bodily
19
injury
liability
coverage.
However,
the
purchaser
of
the
20
uninsured
and
underinsured
motor
vehicle
coverage
is
not
21
required
to
purchase
those
same
limits
of
coverage.
22
EXPLANATION
23
This
bill
relates
to
uninsured
and
underinsured
motor
24
vehicle
insurance
coverage.
25
Code
section
516A.2
is
amended
to
prohibit
step-down
26
provisions
in
motor
vehicle
insurance
policies
that
operate
to
27
reduce
uninsured
or
underinsured
motor
vehicle
coverage
because
28
a
person
is
injured
by,
or
while
occupying
a
vehicle
being
29
operated
by,
a
relative
as
defined
in
Code
section
523I.102
or
30
household
member
insured
under
the
policy.
The
Code
chapter
31
shall
not
be
construed
to
prohibit
an
insurer
from
applying
an
32
antistacking
provision
based
on
multiple
policies
or
vehicles,
33
or
both.
If
multiple
policies
are
applicable
to
a
vehicle
34
subject
to
the
provision,
the
maximum
amount
of
recovery
is
the
35
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5549XC
(2)
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2
S.F.
_____
single
highest
limit
for
that
vehicle
on
any
of
the
applicable
1
policies.
2
The
bill
also
requires
an
insurer
offering
uninsured
and
3
underinsured
coverage
as
part
of
a
coverage
proposal
for
motor
4
vehicle
insurance
to
make
available
the
same
limits
of
coverage
5
that
the
insurer
offers
for
bodily
injury
liability
coverage.
6
The
purchaser
of
such
coverage,
however,
is
not
required
to
7
purchase
those
same
limits
of
coverage.
8
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